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This statement was originally published on netmerdeka.org and Facebook.com/CIJ.MY on 16 May 2016.

As the Malaysian Parliament reconvenes its meeting this 16 May 2016, we, a coalition of civil society organisations, urge all elected legislators to reject the expected amendments to the Communications and Multimedia Act 1998 that will further compromise the rights of individuals to freedom of expression. These amendments are being discussed and planned amidst increasing public criticism of the ruling government through digital platforms and tools. We are concerned that the proposed amendments are politically motivated with the sole purpose of imposing legal restrictions to the public's right to access to political information and to freedom of expression.

Censorship effect

The government announced plans to tighten the regulations for the Internet since 2015, among others to register political blogs and websites, and to increase penalties for offences related to undesirable content. It is believed that the amended provisions would give the Internet regulatory body – the Malaysian Communications and Multimedia Commission (MCMC) – more powers to take down online content without proper oversight.

These changes, if introduced and passed by Parliament, [will be in effect] together with the amendments to restrict bail for all offences under Section 124 of the Criminal Procedure Code, which has been used against activists and the media. Both the amendments will have the combined effect of entrenching censorship in an environment already heavily regulated for the media and publishing.

Need for public consultation

It is regrettable that the government has done little consultation with stakeholders, proving yet again the absence of political will for open and democratic law making processes in Malaysia. Civil society stands to be most affected by the proposed amendments as we constitute the majority of the internet population, and as such, it is critical that our views and voices are duly recognised and reflected.

We agree that the laws governing the internet need to be reviewed for them to have stronger provisions for privacy and protections for freedom of expression. But these are not being prioritised; instead we see a pattern of reviewing laws to extend the powers of the executive to conveniently target media, political opponents and individual critics.

Regulation a barrier to business

According to industry-led research in 13 countries including in Asia, increased regulatory requirements would act as a significant barrier to investment. Specifically, 79% of investors are uncomfortable with investing in countries where freedom of expression is restricted or highly regulated. 62% of investors were wary of requirements on OTT content platform providers to comply to content restricting requirements; and 77% of investors expressed discomfort in investing in internet businesses that would be compelled to remove content without a court order. Malaysia's internet economy is a growing industry – arbitrary and broad laws present serious threats to its progress.

MCMC: Focus on support, not censorship

We believe that bodies like the MCMC should not have discretion to block content; instead, its actions should be governed by its ten policy objectives, including creating a vibrant civil community, establishing Malaysia as a major global centre and hub for communications and multimedia information and content services, and creating a robust applications environment for end users. Decisions to restrict freedom of information and expression should follow due process of the law and international standards and norms. It should be clear, the least restrictive, necessary and proportionate. This at minimum, requires a court order.

Defend internet freedom

We call on all stakeholders to defend internet freedom and to keep it free from arbitrary and abusive regulations. We must remind the powers that be that Malaysia committed to no censorship of the internet when the industry started and any policy change must be done with thorough negotiation and consultation with all civil society.

Malaysia's human rights situation continued to deteriorate in 2016, with human rights defenders, activists, political opposition figures, and journalists facing harassment and politically motivated prosecution. Those criticising the administration of Prime Minister Najib Razak or commenting on the government's handling of the 1 Malaysia Development Berhad (1MDB) corruption scandal have been particular targets.

The year 2014 saw Malaysians standing up to exercise the rights guaranteed under the Federal Constitution, including freedom of expression and freedom of assembly. This continues a growing trend of facing up to state oppression. Unfortunately, this has been met with increasing repression. Malaysia has seen a concerted crackdown on the freedom of expression in the year 2014, which has escalated even further in 2015.

In scrutinising the GE13 coverage provided by the most popular and influential Malaysian media, the Watching the Watchdog media monitoring project found that different 'Language Media' (English, Bahasa Malaysia, and Mandarin) provide differential information about GE13 participants, although in all cases, they reproduce the pro-BN bias found by the Watching the Watchdog project overall

In scrutinising the GE13 coverage provided by the most popular and influential Malaysian media, the Watching the Watchdog media monitoring project found that the coverage of politicians and other individuals present within election reporting (both when mentioned and when used as sources) is heavily gender-biased towards coverage of men.

In scrutinising the GE13 coverage provided by the most popular and influential Malaysian media, the Watching the Watchdog media monitoring project found that citizens are being deprived of fair and objective information about the individual politicians who are taking part in the elections.

In scrutinising the GE13 coverage provided by the most popular and influential Malaysian media, the Watching the Watchdog media monitoring project found that citizens of Malaysia are being deprived of fair and objective information about political parties and coalitions which are taking part in the elections.

The report examines the rise of fraudulent news, defined here as demonstrably false information that is being presented as a factual news report with the intention to deceive the public, and the related erosion of public faith in traditional journalism. The report identifies proposed solutions at the intersection of technology, journalism, and civil society to empower news consumers with better skills and tools to help them process the torrents of information they see online.

The Report examines the progress countries have made since the adoption of the Sustainable Development Goals on implementing the commitment to make access to information available to all people in their countries.

After already cracking down on freedom of information in recent years, President Erdoğan has taken advantage of the abortive coup d’état and the state of emergency in effect since 20 July to silence many more of his media critics, not only Gülen movement media and journalists but also, to a lesser extent, Kurdish, secularist and left-wing media.

“After the initial optimism during the Euromaidan movement, many journalists have become disillusioned. They are faced with the triple challenge of the war in the Eastern part of the country, the economic crisis and the digitalization of mass media.”

In 2014 Cambodian journalists increasingly found themselves in the news, as reporters faced injury and even death for covering the news. 2014 proved the deadliest year for Cambodian journalists since the political turmoil of 1997, with two Cambodian journalists confirmed murdered in relation to their work and a third, foreign journalist found dead under suspicious circumstances.

While media freedom in Spain remains robust and certainly comparable to its European neighbours, at such a critical moment for the Spanish public there is a need to ensure maximum access to the free flow of information.

As the United Nations reflects on the future of global development and the post-2015 agenda, access to information must be recognised as critical to supporting governments to achieve development goals, and enabling citizens to make informed decisions to improve their own lives. IFLA, the International Federation of Library Associations and Institutions, believes that libraries help guarantee that access.

International Federation of Library Associations and Institutions 9 October 2014

The goal of this report is to provide African governments, civil society, researchers and other stakeholders with a tool that will guide and support the development and advancement of the right to information in Africa.

By their very nature, libraries are poised to become forces for social change and using this exhibit as an example, libraries themselves can show the life of their communities by putting their responses on display to support their involvement in social movements, engage others, and document for the future

International Federation of Library Associations and Institutions 7 March 2014

IFEX publishes original and member-produced free expression news and reports. Some member content has been edited by IFEX. We invite you to contact [email protected] to request permission to reproduce or republish in whole or in part content from this site.

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